ML031611035
| ML031611035 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek  |
| Issue date: | 06/02/2003 |
| From: | O'Connor T Public Service Enterprise Group |
| To: | Collins S Office of Nuclear Reactor Regulation |
| References | |
| EA-03-039, LRN-03-0246 | |
| Download: ML031611035 (3) | |
Text
PSEG Nuclear LLC P.O. Box 236, Hancocks Bridge, New Jersey 08038-0236 JUN 0 2 003 LRN-03-0246 0 PSEG Mr. Samuel J. Collins, Director NuclearLLC Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, DC 20555 Salem Units I and 2 Docket Nos. 50-272 and 50-311 Facility Operating Licenses DPR-70 and DPR-75, Hope Creek Generating Station Docket No. 50-354 Facility Operating License No. NPF-57
Subject:
Answer, Response and Request for Clarification in Response to April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039)
Dear Mr. Collins:
Section IV of the April 29, 2003, Order for Compensatory Measures Related to Training Enhancements on Tactical and Firearms Proficiency and Physical Fitness Applicable to Armed Nuclear Power Plant Security Force Personnel (EA-03-039)
("Order") states that, in accordance with 10 CFR §2.202, a licensee must submit an answer to the Order and may request a hearing on the Order within 35 days of the date of the Order.
This letter constitutes PSEG Nuclear LLC's (PSEG's) answer (pursuant to 10 CFR 2.202 and Section IV of the Order) and response (pursuant to 10 CFR 50.4 and Sections liI B.1, B.2, and C.1 of the Order). PSEG consents to the Order and does not request a hearing. As PSEG fully intends to comply with the Order the schedule for achieving compliance with each requirement described in Attachment 2 of the Order is no later than October 29, 2004.
However, because the NRC has used force-on-force testing as a standard by which compliance with the Design Basis Threat (DBT) was evaluated and because the tactics and capabilities associated with the DBT influence the training prescribed in the Order, PSEG requests that the NRC provide a clear definition of the objectives and criteria for force-on-force exercises so that appropriate revisions can be made to safeguards contingency plans, security plans and security officer training and qualification plans.
95-2168 REV. 7199
JUm n 9 7nn Mr. Samuel Collins, Director v Li LR-N03-0246 Specifically, PSEG needs a clear explanation of the purpose of the force-on-force exercise (e.g., is the purpose of force-on-force exercises for security officer training, or to evaluate licensee compliance with the Design Basis Threat?).
Similarly, the success criteria for the force-on-force exercise needs to be established (e.g., is the criterion prevention of a large offsite release, which would be consistent with the basis for risk-informing NRC regulations, or some other criteria?). Finally, if a force-on-force exercise is going to be used as a performance test of the licensee's ability to protect against the Design Basis Threat, a dear definition of adversary rules of engagement and adversary tactics is needed to provide appropriate predictability and stability in the regulatory program. Absent these clarifications, the standard by which licensee performance will be measured will continue to be a constantly moving target which is counter to the Commission's Principles of Good Regulation.
To enable PSEG to meet the compliance dates specified in the Order, the requested clarifications are needed as soon as possible. If the clarifications cannot be provided by October 1, 2003, we respectfully request that the Director, Nuclear Reactor Regulation extend the dates for full implementation of the Order on a day-for-day basis until such clarifications are provided.
PSEG also confirms its understanding that the Commission intends to exercise enforcement discretion to accommodate issues which may arise as licensees, in good faith, take reasonable actions to implement the specific requirements of this Order. We further understand that the Commission will exercise enforcement discretion for the period necessary to resolve such issues, and to integrate the requirements of this Order with the orders issued February 25, 2002, as well as with other pertinent regulatory requirements, and our safeguards contingency plans, security plans and security officer training and qualification plans.
Should you have any questions, please contact Robin Ritzman at (856) 339-1445.
I declare under penalty of perjury that the foregoing is true a d correct.
Executed on Sin rely Viq resident - Operations JCN
Mr. Samuel Collins, Director LR-N03-0246 C
Mr. H. Miller, Administrator - Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Robert Fretz, Project Manager - Salem U. S. Nuclear Regulatory Commission Mail Stop 08B2 Washington, DC 20555-0001 Mr. Richard Ennis, Project Manager - Hope Creek U. S. Nuclear Regulatory Commission Mail Stop 08B2 Washington, DC 20555-0001 USNRC Resident Inspector Office (X24)
Mr. K. Tosch, Manager IV Bureau of Nuclear Engineering P. O. Box 415 Trenton, NJ 08625 JUN 0 2 2003